Legal Question in Family Law in Tennessee

Restraining order jurisdiction

If my ex wife had a restraining order against me in one county is that order good in only that county (Marion)?

She moved to her parents in another county in TN. I was arrested (non-violent visit)when I saw her and my daughter in the other county. The judge threw it out of court because the order wasnt valid. The magistrate evidentally is good friends with my ex wife's parents. I want to know if I could or should sue for defimation of character or something. The magistrate knew the order wasnt valid outside of marion county but had me thrown in jail anyway. I wasted good hard earned money on something which should never had happend. Should I or could I sue the magistrate or county or what?

Please advise


Asked on 6/16/05, 8:29 pm

1 Answer from Attorneys
WENDY HAUSMANN LAW OFFICES OF WENDY A. HAUSMANN

Re: Restraining order jurisdiction

Although your question is somewhat confusing (the magistrate threw WHAT out of court?), the short answer is likely to be unfortunately, no, you cannot sue (or will not be successful if you file a lawsuit against) the magistrate, the court or the county for defammation of character. Moreover, it is possible for the court to have had jurisdiction for purposes of enforcement of it if your ex enrolled the Marion County Order in TN. I regret that you had such a negative experience with judicial system.

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Answered on 6/22/05, 7:30 pm


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